12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Probate Lawyer in Alameda, CA

Do I Need a Probate Lawyer in Alameda, CA


When the time comes to die, make sure that all you have to do is die!
 
- Jim Elliot


Probate is the process that occurs after an individual passes away. It involves distributing assets and taking care of any debts. This process happens regardless of whether or not there is a Last Will and Testament.

A probate lawyer is an estate or a trust lawyer that can help manage the filing of the last testament or will of a deceased individual. Probate attorneys can also help create a Last Will and Testament and can assist with trust planning (including Living Trusts) as well as powers of attorney and medical powers of attorney. They can assist the executor of the will with preparing and filing of all documents required by a probate court.

Some people do estate planning on their own and others get legal advice from a probate or trust lawyer. As the executor winds up an estate, they may want legal advice from an experienced lawyer who is familiar with both state law and how the local probate court works. However, not all executors feel the need to hire a probate lawyer. If the estate doesn't contain any unusual assets and isn't too large, the executor may be able to complete the task without a lawyer's help.

Several factors may help an executor decide if they need the help of a probate lawyer. Was there any probate-avoidance estate planning? Assets can be transferred to their new owners without probate court if they are held in joint tenancy, survivorship community property or transferred to a Living Trust. Probate is also unnecessary for assets for which the deceased person named a beneficiary—for example, retirement accounts or life insurance policy proceeds.

Things get more complicated when an estate includes a business, commercial real estate, or any other asset that requires special handling. You may want to consult experts if you need to manage, appraise, or sell a business.

If there's enough money to pay off debts (taxes, medical expenses, funeral costs, credit card bills, mortgages, car loans, etc.), with some left over for beneficiaries, you won't have to figure out which debts to pay. If your initial investigation reveals that there may not be enough money in the estate to pay debts and taxes, don't pay any bills before you get legal advice. State law gives some creditors priority over others.

Today, more than 99.7% of all estates don't owe federal estate tax. There's also a very small chance that the estate will owe estate taxes to the state. You may need expert legal and tax advice if the estate is large and must file an estate tax return, either with the IRS or the state taxing authority.

Many states offer small estate procedures such as summary probate and an entirely out-of-court process that requires presenting a sworn affidavit to the person or institution holding the asset.

Are family members talking about suing over the estate? Probate lawsuits tear families apart and can drain a lot of money from the estate in the process. A lawyer may be able to help the executor avoid a court battle or to deal with it if it is unavoidable.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free CA Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Personalize & Print a Free CA Living Trust Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Related Legal Services near Alameda, CA
Gruber Walter F
2447 Santa Clara Ave # 102
Alameda, CA 94501
(510) 521-9885
Attorneys, General Practice Attorneys
Kirby Donald A
2019 Clement Ave
Alameda, CA 94501
(510) 769-9522
Attorneys, General Practice Attorneys
Gerard A. Falzone
2233 Santa Clara Ave., Suite 7
Alameda, CA 94501
(510) 521-9500
Child Custody Attorneys, Family Law Attorneys, Divorce Attorneys
Pahl and Associates
1516 Oak St
Alameda, CA 94501
(510) 263-9273
Labor & Employment Law Attorneys
La FolletteGene P
1516 Oak St
Alameda, CA 94501
(510) 864-8610
Attorneys,  Real Estate Buyer Brokers,  Legal Service Plans,  Real Estate Attorneys
Berg & Associates-Injury Lawyers
2440 Santa Clara Ave
Alameda, CA 94501
(510) 451-8400
Attorneys
Barry W Finkelstein Law Offcs
2219C Santa Clara Ave
Alameda, CA 94501
(510) 521-7636
General Practice Attorneys, Attorneys
Stonehouse & Silva
1301 Marina Village Pkwy # 330
Alameda, CA 94501
(510) 865-7350
Estate Planning Attorneys, Attorneys, Legal Service Plans
Laurence H. Steffan
1141 Harbor Bay Pkwy Suite 206
Alameda, CA 94502
(510) 748-6800
Accident & Property Damage Attorneys,  Civil Litigation & Trial Law Attorneys,  Estate Planning Atto
Kessler Randall
1000 Marina Village Pkwy
Alameda, CA 94501
(510) 814-6600
General Practice Attorneys, Attorneys
Vetesi Law Office
1705 Webster ST
Alameda, CA 94501
(925) 783-6347
Bankruptcy Law Attorneys, Business Bankruptcy Law Attorneys, Attorneys
Padway Lawrence
1516 Oak St # 109
Alameda, CA 94501
(510) 814-6100
Social Security & Disability Law Attorneys, Attorneys, Legal Service Plans
Jeffries Susan L JD LLM Tax
2121 Central Ave
Alameda, CA 94501
(510) 500-5654
Attorneys,  Mediation Services,  Arbitration Services,  General Practice Attorneys,  Legal Service P
Joseph W Campbell Law Offices
1301 Marina Village Pkwy # 330
Alameda, CA 94501
(510) 865-5409
Attorneys,  Attorneys Referral & Information Service,  Personal Injury Law Attorneys,  Legal Service
Nations and Lockhart
1070 Marina Village Parkway Suite 201
Alameda, CA 94501
(510) 455-4777
Bankruptcy Law Attorneys
Maloney Patrick J Law Office
2425 Webb Ave
Alameda, CA 94501
(510) 521-4575
General Practice Attorneys, Attorneys, Legal Service Plans
Equity Legal Video Svc
1005 Post St
Alameda, CA 94501
(510) 521-4533
Paralegals
Harrison Elaine J
1336 Park St # F
Alameda, CA 94501
(510) 865-4461
Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys, Attorneys
Fakhoury Law Group
1320 Harbor Bay Pkwy
Alameda, CA 94502
(510) 864-4210
Immigration Law Attorneys, Attorneys
Codiga Gayle Godfrey
1516 Oak St Suite 109
Alameda, CA 94501
(510) 523-4000
General Practice Attorneys, Attorneys, Legal Service Plans
MELISSA MACK & ASSOCIATES
1139 Leeward Ln
Alameda, CA 94502
(510) 853-3573
Corporation & Partnership Law Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  Malpractice
Lauren A. Vazquez
2601 Blanding Ave Suite C-204
Alameda, CA 94501
(888) 607-3296
Business Law Attorneys
Crumpley Pat
1829 Clement Ave
Alameda, CA 94501
(510) 214-3205
Attorneys,  Domestic Violence Attorneys,  Child Custody Attorneys,  Family Law Attorneys,  Mediation
Brett Pedersen & Associates
430 Cola Ballena Apt D
Alameda, CA 94501
(415) 434-3101
Real Estate Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US